Ch. 535                                        1994 LAWS OF MARYLAND

(D)     RUN, WITHIN THE VARIATION PERMITTED BY THE LEASE
AGREEMENT, OF EVEN KIND, QUALITY, AND QUANTITY WITHIN EACH UNIT AND
AMONG ALL UNITS INVOLVED;

(E)     ARE ADEQUATELY CONTAINED, PACKAGED, AND LABELED AS THE
LEASE AGREEMENT MAY REQUIRE; AND

(F)      CONFORM TO ANY PROMISES OR AFFIRMATIONS OF FACT MADE ON
THE CONTAINER OR LABEL.

(3) OTHER IMPLIED WARRANTIES MAY ARISE FROM COURSE OF DEALING
OR USAGE OF TRADE.

2A-213: IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE

EXCEPT IN A FINANCE LEASE, IF THE LESSOR AT THE TIME THE LEASE
CONTRACT IS MADE HAS REASON TO KNOW OF ANY PARTICULAR PURPOSE FOR
WHICH THE GOODS ARE REQUIRED AND THAT THE LESSEE IS RELYING ON THE
LESSOR'S SKILL OR JUDGMENT TO SELECT OR FURNISH SUITABLE GOODS, THERE IS
IN THE LEASE CONTRACT AN IMPLIED WARRANTY THAT THE GOODS WILL BE FIT
FOR THAT PURPOSE.

2A-214. EXCLUSION OR MODIFICATION OF WARRANTIES

(1) WORDS OR CONDUCT RELEVANT TO THE CREATION OF AN EXPRESS
WARRANTY AND WORDS OR CONDUCT TENDING TO NEGATE OR LIMIT A
WARRANTY MUST BE CONSTRUED WHEREVER REASONABLE AS CONSISTENT WITH
EACH OTHER; BUT, SUBJECT TO THE PROVISIONS OF § 2A-202 ON PAROL OR
EXTRINSIC EVIDENCE, NEGATION OR LIMITATION IS INOPERATIVE TO THE EXTENT
THAT THE CONSTRUCTION IS UNREASONABLE.

(2) SUBJECT TO SUBSECTION (3), TO EXCLUDE OR MODIFY THE IMPLIED
WARRANTY OF MERCHANTABILITY OR ANY PART OF IT, THE LANGUAGE MUST
MENTION "MERCHANTABILITY", BE BY A WRITING, AND BE CONSPICUOUS. SUBJECT
TO SUBSECTION (3), TO EXCLUDE OR MODIFY ANY IMPLIED WARRANTY OF FITNESS,
THE EXCLUSION MUST BE BY A WRITING AND BE CONSPICUOUS. LANGUAGE TO
EXCLUDE ALL IMPLIED WARRANTIES OF FITNESS IS SUFFICIENT IF IT IS IN WRITING,
CONSPICUOUS AND STATES, FOR EXAMPLE, "THERE IS NO WARRANTY THAT THE
GOODS WILL BE FIT FOR A PARTICULAR PURPOSE."

(3) NOTWITHSTANDING SUBSECTION (2), BUT SUBJECT TO SUBSECTION (4),

(A) UNLESS THE CIRCUMSTANCES INDICATE OTHERWISE, ALL IMPLIED
WARRANTIES ARE EXCLUDED BY EXPRESSIONS LIKE "AS IS," OR "WITH ALL
FAULTS," OR BY OTHER LANGUAGE THAT IN COMMON UNDERSTANDING CALLS THE
LESSEE'S ATTENTION TO THE EXCLUSION OF WARRANTIES AND MAKES PLAIN THAT
THERE IS NO IMPLIED WARRANTY, IF IN WRITING AND CONSPICUOUS; .

- 2516 -